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To: dirtboy

If, after Crowledy had simply shook his head and drove away, this sixty year old harmless man with a cane, had stood on his front lawn and shouted at the top of his lungs to the whole neighborhood, you might have a point. There is no evidence that was even likely. Crowley was typical. He arrested Gates not because of his race but because he argued. Youtube is filled with examples, People on FR has complained about this in the past, such as when it happened to a 62 year old grandmother.


59 posted on 07/30/2009 7:11:30 AM PDT by Captain Kirk
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To: Captain Kirk
This writer is being disingenuous. I'll put my 30 years' of experience in the legal biz up against his any day, especially since he's mostly a liberal theoretician and not an actual working lawyer.

As soon as Gates followed the officer out of the house (and the officer did not 'lure' him outside to arrest him, he couldn't hear his dispatch in the foyer because of Gates's yelling) and continued to yell and scream, drawing a crowd and attempting to incite the crowd, he was creating a public disturbance.

Do you have any idea how often - perhaps in less toney neighborhoods than Cambridge - an arrestee successfully incites a crowd to attack a police officer? If I were the officer, I would not want to bet my safety on the chance that there weren't any other people in the crowd who happened to have the same attitude as Gates and the inclination to join in.

I spend a lot of time reviewing criminal cases, and drawing a crowd to a police/citizen confrontation often ends very badly. Officer Crowley made the right call, and if this lawyer really knows anything about this area of law, he knows it too, he's just stirring the possum.

77 posted on 07/30/2009 7:23:07 AM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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To: Captain Kirk

You keep saying that YouTube is filled with examples of this type of situation. You CANNOT make that statement. You do not know why those other arrests were made.

Understand that if you accidentally bump into a police officer while they are conducting their jobs, you can be arrested for assault and interfering with a police officer! If you do this while acting like a true A$$HAT, then you are more likely to be arrested simply to get you out of the way and out of the picture to allow the police to complete their jobs.

What part of this are you missing? I know, I know, he was on his own property. You do NOT have the right to create a scene that could become hostile even if you are on your own property.

With you logic, the saying, “You cannot yell, ‘Fire!’, in a crowded theater.” would be, “You cannot yell, ‘Fire!’, in a crowded theater, unless you own the property.”


135 posted on 07/30/2009 8:11:29 AM PDT by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
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